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Fauci Says Biden Admin Is 'Concerned' About Courts Getting Involved in Public Health Decisions

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Dr. Anthony Fauci is voicing concerns that a federal judge ruled against the Biden administration mask mandate for public transportation.

Speaking to CNN on Thursday, Fauci said, “We are concerned about that about the courts getting involved in things that are unequivocally a public health decision.”

“This is a CDC issue, should not have been a court issue,” he added.

The Centers for Disease Control and Prevention (CDC) announced on April 13 that it would extend the mandate for another 15 days.

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A statement from the Centers for Disease Control and Prevention read, “Since early April, there have been increases in the 7-day moving average of cases in the U.S.”

“In order to assess the potential impact the rise of cases has on severe disease, including hospitalizations and deaths, and health care system capacity, the CDC Order will remain in place at this time,” it added.

However, on Monday, Judge Kathryn Kimball Mizell struck down his administration’s mask mandate for public transportation, as IJR reported.

As The New York Times notes, “In her ruling, Judge Mizelle adopted a narrow interpretation of the authority Congress granted to the C.D.C. to issue rules aimed at preventing the interstate spread of communicable diseases.”

“The law says the agency may take such measures as it deems “necessary,” and provides a list of examples, like ‘sanitation.’ The judge wrote that this power was limited to things like cleaning property — not requiring people to take hygienic steps,” it adds.

Shortly after the decision, White House Press Secretary Jen Psaki called it “disappointing” and said the administration is “continuing to recommend people wear masks.”

On Tuesday, President Joe Biden was asked, “Should people continue to wear masks on planes?”

“That’s up to them,” he responded.

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The Justice Department announced on Wednesday it will appeal the ruling striking down the mandate.

In a statement, the CDC said, “It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health.”

“CDC believes this is a lawful order, well within CDC’s legal authority to protect public health,” it added.

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